DPS chief faces discrimination suit

The former director of the Division of Corrections has filed a discrimination suit against the Department of Public Safety and Commissioner Charles W. Ingram Jr.

Dolores M. San Nicolas, through lawyer Douglas F. Cushnie, filed the complaint in federal court asking DPS and Ingram to retain her in the position of assistant director of DOC.

She is demanding a jury trial and an unspecified amount of compensatory damages and back wages.

San Nicolas, 40, brought the action to stop the alleged sexual discriminatory practices at DPS.

She also claimed that the department had breached her contract, made false representations and as a result of her filing a complaint with the Equal Employment Opportunity Commission has been investigated by the Office of Public Auditor, the white collar crime unit and internal affairs division of DPS for alleged violations of the law.

Upon her re-employment with DPS on April 10, 1995, San Nicolas assumed various positions within DOC including assistant director and director.

On or about Dec. 7, 1997, San Nicolas resigned from the position of director and accepted a provisional appointment as an assistant chief of police within DOC.

She then applied for the permanent position of assistant director but DPS did not appoint her. Instead, DPS appointed John Ayuyu, a male individual without any qualifications in the field of corrections.

From 1994 to date, San Nicolas’ rank was a captain, however, the pay which she received was lower than any other captain within the department, lower than all but one lieutenant and lower than various sergeants employed within DPS.

Since 1996, San Nicolas said she has received no merit increases although she has received outstanding ratings and her personnel files contained no derogatory information.

She noted that the current director of DOC has received more authority than accorded to her during her term as director and has been treated more favorably with respect to his operation of the division.

San Nicolas claimed that DPS and Ingram have paid her a wage lower than that paid to males although she has done equal work on jobs requiring equal skill, effort and responsibility and which are performed under similar working conditions.

San Nicolas said that as a result of the defendants’ conduct, she has suffered and continues to suffer substantial loses in earnings, job experience, retirement benefits and other employee benefits that she would have received absent the discrimination.

She wants the court to declare that DPS and Ingram have discriminated against her on the basis of sex , that she be placed in the position of assistant chief of DOC and be awarded compensatory and punitive damages.